Burlington County Prosecutor Robert D. Bernardi and Medford Township Public
Safety Director, Edwin Wood announced today the results of their joint
investigation concerning the death of a Medford Township, N.J. woman killed
inside her home on September 7, 2003 by a dog she had adopted shortly before her
death.

The investigation into the circumstances surrounding the death of Valerie
Deswart, age 66, of Stokes Road Medford Township, N.J. began when the Medford
Township Police were summoned to the victim’s residence on Stokes Road when Dane
Corell, age 67, who lived there with her, returned home and found her lying on
the floor of their bedroom, after apparently having suffered traumatic head
injuries. The County Medical Examiner later performed an autopsy, which
determined that Valerie Deswart died as a result of bite injuries to her neck
due to an attack by her dog, a full-grown Doberman Pincher that she had recently
adopted from the Associated Humane Societies Animal Shelter, located at 124
Evergreen Street, Newark, New Jersey. The animal was quarantined immediately and
subsequently destroyed.

The investigation conducted by the Medford Township Police Criminal
Investigation Division along with the Burlington County Prosecutor’s Office has
now resulted in charges being filed against the manager of Associated Humane
Societies.

Denton Infield, age 42 of 1070 North Avenue, Elizabeth, N.J. the manager of
the Associated Humane Societies Animal Shelter located in Newark N.J. has been
charged with Tampering With Evidence, a crime of the 4th degree. Mr. Infield was
arrested in Newark on December 18, 2003. The defendant was later released on his
own recognizance. The case is now pending presentation to a Grand Jury for
review.

Mr. Infield was charged based upon his criminal conduct, which occurred
during the investigation of the death. On September 8, 2003, detectives from
both agencies served a Grand Jury subpoena on Associated Humane Societies at its
Newark facility. This subpoena required the immediate production of all
documents pertaining to the animal in question. While the detectives were
waiting for the records to be produced, the defendant, Denton Infield,
surreptitiously ordered a clerical employee to alter one such document by
deleting information relating to the dog’s prior vicious behavior. The
investigation discovered that the animal had initially been brought to the AHS
shelter after the dog had attacked the wife of its previous owner without
provocation, in North Plainfield in May 2003. The deleted portion of the AHS
records were notations that the owner had requested, authorized and paid the
shelter for the destruction of the dog. However, the dog remained kenneled at
the facility for 87 days and was then purchased by the Medford victim on August
27th, 2003. The altered form of the AHS record was turned over to the
investigating detectives along with other documents.

Thereafter, the employee who had been directed to falsify the record later
informed her superiors of what had happened and AHS provided a true and accurate
copy of the document to the Prosecutor's Office.

Additionally, the Burlington County Prosecutor's Office has conducted a
thorough review of New Jersey law and of the law in other jurisdictions with
statutes equivalent to New Jersey’s in order to determine whether the conduct of
AHS and its employees could be considered to constitute a criminal homicide
under N.J.S. 2C:11-4b(1) (Reckless Manslaughter). The results of this exhaustive
legal research indicate that there is no precedent in any state, including New
Jersey, which imposes liability on an individual or entity which sells or gives
an animal to a third party where the animal subsequently kills or injures
another person. Pet owners have been held criminally liable where their animals
have caused injury to third persons if they are reckless in controlling their
animals (i.e. consciously disregarding a substantial, unjustifiable risk that
the animal will cause injury). However, there is no legal precedent for holding
an individual criminally responsible for personal injuries caused by a vicious
animal when that individual does not have actual, physical control over the
animal at the time of the attack.

Under the New Jersey reckless homicide statute, the actor must consciously
disregard a known risk. The risk must be a substantial risk of death, not merely
a possibility. This office has determined that it would not be able to prove
such conscious disregard beyond a reasonable doubt as would be required in order
to sustain a conviction.

It is not anticipated that any further criminal charges will be filed in the
matter.

The absence of criminal penalties under New Jersey law in situations such as
this case by no means precludes victims like Valerie Deswart or her surviving
family from pursuing civil remedies.